Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Tuesday, September 25, 2012

Request to Appear for deferred inspection is a parole but still no AOS eligibility

Ni v. USCIS, 2012 WL 3637731, No. 11-2482 (W.D. Tenn. Aug, 22, 2012).

In this case, a Chinese citizen was denied admission at the port of entry and given a notice to return for deferred inspection.  When he returned, he was given a notice denying him admission.  He was later ordered removed.  Fast forward many years and he applied for adjustment of status based on an I-130 petition filed by his USC son.  The USCIS denied this application because he was not paroled into the U.S.

The district court accepted jurisdiction over his Administrative Procedures Act claim, and the parties did not contest jurisdiction.

The court did not defer to the USCIS and it concluded that the deferred inspection is a parole.  However, the court found that the parole was not indefinite and that it terminated upon the entry of the removal order.

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